RS 22:2508

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RS 22:2508

§2508. Confidentiality

A. Any documents, materials, or other information in the control or possession of the commissioner that are furnished by a licensee or an employee or agent acting on behalf of a licensee pursuant to R.S. 22:2504 or 2506 or that are obtained by the commissioner in an investigation or examination pursuant to R.S. 22:2507 shall be confidential by law and privileged, shall not be subject to release pursuant to the Public Records Law, R.S. 44:1 et seq., shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.

However, the commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's duties. The commissioner shall not otherwise make the documents, materials, or other information public.

B. Neither the commissioner nor any person who received documents, materials, or other information while acting pursuant to the authority of the commissioner shall testify in any private civil action concerning any confidential documents, materials, or information subject to Subsection A of this Section.

C. In order to assist in the performance of the commissioner's duties pursuant to this Chapter, the commissioner may do any of the following:

(1)Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to Subsection A of this Section, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC), its affiliates, or subsidiaries, and with state, federal, and international law enforcement authorities, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information.

(2)(a) Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions.

(b)The commissioner shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that the document, material, or information is confidential or privileged pursuant to the laws of the jurisdiction that is the source of the document, material, or information.

(3)Share documents, materials, or other information subject to Subsection A of this Section with a third-party consultant or vendor if the consultant agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information.

(4)Enter into agreements governing the sharing and use of information consistent with this Subsection.

D. No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner pursuant to this Section or as a result of sharing pursuant to Subsection C of this Section.

E. Nothing in this Chapter shall be construed to prohibit the commissioner from releasing final, adjudicated actions that are open to public inspection pursuant to the Public Records Law or to a database or other clearinghouse service maintained by the NAIC, its affiliates, or subsidiaries.

F. Documents, materials, or other information in the possession or control of the NAIC or a third-party consultant or vendor pursuant to this Chapter shall be confidential by law and privileged, shall not be subject to release pursuant to the Public Records Law, R.S. 44:1 et seq., shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.

Acts 2020, No. 283, §1.